Senior counsel, Gopal Subramanium today told the Constitution bench that Articles 239 (1), 239A(1), and 239 AA(4) must be understood as an organic whole.
He said that there is no anomaly and there is no need to assume that investiture of power is lacking. LG is just a titular head as it is the President who appoints the council of ministers in Delhi, he suggested.
Describing the binding nature of "aid and advice " as the cardinal principle, he said the term " any matter " mentioned in the proviso to Article 239AA refers to the plenitude of legislative powers. The boundary between "aid and advice " and the proviso to Article 239AA cannot make the former meaningless, he said.
Referring to silences in the Constitution, he said it is important to say that the cabinet form of government is responsible to the legislature in Delhi.
He made a novel submission that fundamental rights would include right to participate in governance through the elected assembly.
Arguments will continue on Wednesday.